The main legal point established in the judgment is that rejection of a plaint should not be taken lightly, and the pleadings in the plaint should be meaningfully read for consideration of the issues.

GITA MITTAL, J, J.

( 1 ) THIS order disposes of IA NO. 5540/2005 filed by the defendant under order 7 Rule 11 of the Code of Civil Procedure seeking rejection of the plaint in this suit for specific performance and permanent injunctiion filed by the plaintiff.

( 2 ) IT is trite that for consideration of an application seeking rejection of a plaint on the grounds mentioned under Order 7 Rule 11 Code of Civil procedure, the court is precluded from examination of anything other than the plaint and the documents filed by the plaintiff.

( 3 ) THE plaintiff has brought the suit on the averments that on 27th March, 2004, the plaintiff entered into an agreement to purchase the defendant's property bearing no. 5/78, Subhash Nagar, New Delhi-110027 admeasuring 100 sq. yards for a total sale consideration of Rs. 23,15,000/ -. The plaintiff has urged that it paid a sum of Rs. 1,65,000/- in cash to the defendant as earnest money which was acknowledged in the agreement to sell and purchase executed by the defendant. Inasmuch as the defendant avoided execution of the necessary documents and getting the suit property transferred in her name from the concerned authorities, which was the Land and Development Office, Nirman Bhawan, new Delhi and also failed to obtain the requisite permission for transfer of the suit within the stipulated period of 120 days, the plaintiff repeatedly approached the defendant to do the needful. The plaintiff was required to make payment of the balance amount of Rs. 21,50,000/- within 120 days which came to an end on 25th July, 2007. The defendant was required to discharge the obligation imposed on her within the same period.

( 4 ) AS the defendant kept giving false assurances yet did not discharge her obligations in terms of the agreement to sell dated 27th March, 2004 Instead of doing the needful, the defendant sent a notice through a telegram to the plaintiff on 18th July, 2004, notifying the plaintiff that in case payment was not made on 19th July, 2004, the earnest money would stand forfeited.

( 5 ) THE plaintiff was thus constrained to get served a legal notice dated 22nd July, 2004 within the stipulated period, by registered AD post as well as upc to the defendant clearly notifying the defendant that the plaintiff was to make the balance sale consideration of RS. 21,50,000/- and called upon the defendant to come forward and accept the same as also to do all the necessary acts under the agreement. In the reply dated 28th July, 2004 sent by the defendant after the expiry of the 120 days, the defendant notified the plaintiff that the property has been transferred in her name and called upon the plaintiff to pay the balance sale consideration. The plaintiff was constrained to file the suit for the reason that though he approached the defendant with the balance sale consideration, however she failed to produce the requisite documents issued by the Land and development Office in her favour and also failed to show any documents which would have evidenced up to date deposit of the house tax, water and electricity charges as well as damages complaining the plaintiff to seek the relief of injunction and specific performance of the agreement dated 27th March, 2004 The plaintiff has urged that he has all along been ready and willing to complete his part of the agreement.

( 6 ) IT is noteworthy that in this matter, admission and denial of the documents filed by the parties has been recorded on 15th December, 2006. The defendant has admitted the signatures on the documents dated 27th March, 2004 The defendant has also admitted the telegram dated 18th July, 2004 which has been marked Exhibit P-3 and reply to the legal notice dated 28th July, 2004 issued on behalf of the defendant has been admitted and marked Exhibit P-2.

( 7 ) THIS application has been filed by the defendant urging that the signature of the defendant is placed in the space for the signatures of the purchaser in the documents dated 27th March, 2004 and